# Official Journal C 140/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 140 |
| | |
| English edition | Information and Notices | Volume 6329 April 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 140

English edition

Information and Notices

Volume 6329 April 2020

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2020/C 140/01 | Notice for the attention of the person subject to the restrictive measures provided for in Council Decision 2013/798/CFSP, as implemented by Council Implementing Decision (CFSP) 2020/584, and Council Regulation (EU) No 224/2014, as implemented by Council Implementing Regulation (EU) 2020/582 concerning restrictive measures in view of the situation in the Central African Republic | 1 |
| 2020/C 140/02 | Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2013/798/CFSP and Council Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic apply | 3 |
| | European Commission |
| 2020/C 140/03 | Euro exchange rates — 28 April 2020 | 4 |
| | European Systemic Risk Board |
| 2020/C 140/04 | Decision of the European Systemic Risk Board of 20 March 2020 amending Decision ESRB/2011/1 adopting the Rules of Procedure of the European Systemic Risk Board (ESRB/2020/3) | 5 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2020/C 140/01

Notice for the attention of the person subject to the restrictive measures provided for in Council Decision 2013/798/CFSP, as implemented by Council Implementing Decision (CFSP) 2020/584, and Council Regulation (EU) No 224/2014, as implemented by Council Implementing Regulation (EU) 2020/582 concerning restrictive measures in view of the situation in the Central African Republic

1

2020/C 140/02

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2013/798/CFSP and Council Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic apply

3

European Commission

2020/C 140/03

Euro exchange rates — 28 April 2020

4

European Systemic Risk Board

2020/C 140/04

Decision of the European Systemic Risk Board of 20 March 2020 amending Decision ESRB/2011/1 adopting the Rules of Procedure of the European Systemic Risk Board (ESRB/2020/3)

5

---

| EN | |
| --- | --- |

EN

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 29.4.2020 | EN | Official Journal of the European Union | C 140/1 |
| --- | --- | --- | --- |

29.4.2020

EN

Official Journal of the European Union

C 140/1

---

Notice for the attention of the person subject to the restrictive measures provided for in Council Decision 2013/798/CFSP, as implemented by Council Implementing Decision (CFSP) 2020/584, and Council Regulation (EU) No 224/2014, as implemented by Council Implementing Regulation (EU) 2020/582 concerning restrictive measures in view of the situation in the Central African Republic

(2020/C 140/01)

The following information is brought to the attention of the person listed in the Annex to Council Decision 2013/798/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2020/584 (2), and in Annex I to Council Regulation (EU) No 224/2014 (3), as implemented by Council Implementing Regulation (EU) 2020/582 (4) concerning restrictive measures in view of the situation in the Central African Republic.

On 20 April 2020, the Sanctions Committee established pursuant to United Nations Security Council Resolution 2127 (2013) added one person to the list of persons and entities subject to the restrictive measures in accordance with paragraphs 20 and 21 (a) of Resolution 2399 (2018).

The person concerned may submit at any time a request to the UN Committee established pursuant to Resolution 2127 (2013), together with any supporting documentation, for the decisions to include them on the UN list to be reconsidered. Any such request should be sent to the following address:

| Focal Point for De-listing |
| --- |
| Security Council Subsidiary Organs Branch |
| Room DC2 0853B |
| United Nations |
| New York, N.Y. 10017 |
| UNITED STATES OF AMERICA |
| Tel. +1 9173679448 |
| Fax +1 2129631300 |
| Email: delisting@un.org |

Focal Point for De-listing

Security Council Subsidiary Organs Branch

Room DC2 0853B

United Nations

New York, N.Y. 10017

UNITED STATES OF AMERICA

Tel. +1 9173679448

Fax +1 2129631300

Email: delisting@un.org

For further information, see: https://www.un.org/securitycouncil/sanctions/delisting/delisting-requests

Further to the UN decision, the Council of the European Union has determined that the person designated by the UN should be included in the lists of persons and entities which are subject to the restrictive measures provided for in Decision 2013/798/CFSP and Regulation (EU) No 224/2014. The grounds for listing of the person concerned appear in the relevant entry in the Annex to the Council Decision and in Annex I to the Council Regulation.

The attention of the person concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EU) No 224/2014, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).

The person concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The attention of the person concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 352 24.12.2013, p. 51.

(2)  OJ L 137, 29.4.2020, p. 5.

(3)  OJ L 70 11.3.2014, p. 1.

(4)  OJ L 137, 29.4.2020, p. 1.

---

| 29.4.2020 | EN | Official Journal of the European Union | C 140/3 |
| --- | --- | --- | --- |

29.4.2020

EN

Official Journal of the European Union

C 140/3

---

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision 2013/798/CFSP and Council Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic apply

(2020/C 140/02)

The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).

The legal basis for this processing operation are Council Decision 2013/798/CFSP (2), as implemented by Council Implementing Decision (CFSP) 2020/584 (3) and Council Regulation (EU) No 224/2014 (4), as implemented by Council Implementing Regulation (EU) 2020/582 (5).

The controller of this processing operation is the Council of the European Union represented by the Director General of RELEX (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is RELEX.1.C that can be contacted at:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Decision 2013/798/CFSP, as implemented by Implementing Decision (CFSP) 2020/584 and Regulation (EU) No 224/2014, as implemented by Implementing Regulation (EU) 2020/582.

The data subjects are the natural persons who fulfil the listing criteria as laid down in Decision 2013/798/CFSP and Regulation (EU) No 224/2014.

The personal data collected includes data necessary for the correct identification of the person concerned, the statement of reasons and any other data related thereto.

The personal data collected may be shared as necessary with the European External Action Service and the Commission.

Without prejudice to restrictions pursuant to Article 25 of Regulation (EU) 2018/1725, the exercise of the rights of the data subjects such as the right of access, as well as the rights to rectification or to object will be answered in accordance with Regulation (EU) 2018/1725.

Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the restrictive measures or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.

Without prejudice to any judicial, administrative or non-judicial remedy, data subjects may lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) 2018/1725 (edps@edps.europa.eu).

---

(1)  OJ L 295, 21.11.2018, p. 39.

(2)  OJ L 352 24.12.2013, p. 51.

(3)  OJ L 137, 29.4.2020, p. 5.

(4)  OJ L 70 11.3.2014, p. 1.

(5)  OJ L 137, 29.4.2020, p. 1.

---

European Commission

| 29.4.2020 | EN | Official Journal of the European Union | C 140/4 |
| --- | --- | --- | --- |

29.4.2020

EN

Official Journal of the European Union

C 140/4

---

Euro exchange rates (1)

28 April 2020

(2020/C 140/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0877 |
| JPY | Japanese yen | 116,06 |
| DKK | Danish krone | 7,4570 |
| GBP | Pound sterling | 0,87078 |
| SEK | Swedish krona | 10,7480 |
| CHF | Swiss franc | 1,0586 |
| ISK | Iceland króna | 159,50 |
| NOK | Norwegian krone | 11,2783 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,227 |
| HUF | Hungarian forint | 355,94 |
| PLN | Polish zloty | 4,5468 |
| RON | Romanian leu | 4,8445 |
| TRY | Turkish lira | 7,6115 |
| AUD | Australian dollar | 1,6734 |
| CAD | Canadian dollar | 1,5179 |
| HKD | Hong Kong dollar | 8,4301 |
| NZD | New Zealand dollar | 1,7956 |
| SGD | Singapore dollar | 1,5407 |
| KRW | South Korean won | 1 325,80 |
| ZAR | South African rand | 20,2913 |
| CNY | Chinese yuan renminbi | 7,6977 |
| HRK | Croatian kuna | 7,5600 |
| IDR | Indonesian rupiah | 16 714,69 |
| MYR | Malaysian ringgit | 4,7451 |
| PHP | Philippine peso | 55,032 |
| RUB | Russian rouble | 80,6862 |
| THB | Thai baht | 35,280 |
| BRL | Brazilian real | 6,1004 |
| MXN | Mexican peso | 26,5269 |
| INR | Indian rupee | 82,5220 |

Currency

Exchange rate

USD

US dollar

1,0877

JPY

Japanese yen

116,06

DKK

Danish krone

7,4570

GBP

Pound sterling

0,87078

SEK

Swedish krona

10,7480

CHF

Swiss franc

1,0586

ISK

Iceland króna

159,50

NOK

Norwegian krone

11,2783

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,227

HUF

Hungarian forint

355,94

PLN

Polish zloty

4,5468

RON

Romanian leu

4,8445

TRY

Turkish lira

7,6115

AUD

Australian dollar

1,6734

CAD

Canadian dollar

1,5179

HKD

Hong Kong dollar

8,4301

NZD

New Zealand dollar

1,7956

SGD

Singapore dollar

1,5407

KRW

South Korean won

1 325,80

ZAR

South African rand

20,2913

CNY

Chinese yuan renminbi

7,6977

HRK

Croatian kuna

7,5600

IDR

Indonesian rupiah

16 714,69

MYR

Malaysian ringgit

4,7451

PHP

Philippine peso

55,032

RUB

Russian rouble

80,6862

THB

Thai baht

35,280

BRL

Brazilian real

6,1004

MXN

Mexican peso

26,5269

INR

Indian rupee

82,5220

---

(1)  Source: reference exchange rate published by the ECB.

---

European Systemic Risk Board

| 29.4.2020 | EN | Official Journal of the European Union | C 140/5 |
| --- | --- | --- | --- |

29.4.2020

EN

Official Journal of the European Union

C 140/5

---

DECISION OF THE EUROPEAN SYSTEMIC RISK BOARD

of 20 March 2020

amending Decision ESRB/2011/1 adopting the Rules of Procedure of the European Systemic Risk Board (ESRB/2020/3)

(2020/C 140/04)

THE GENERAL BOARD OF THE EUROPEAN SYSTEMIC RISK BOARD,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (1), and in particular Article 6(4) thereof,

Having regard to Council Regulation (EU) No 1096/2010 of 17 November 2010 conferring specific tasks upon the European Central Bank concerning the functioning of the European Systemic Risk Board (2),

Whereas:

| (1) | On 18 December 2019 Regulation (EU) 2019/2176 of the European Parliament and the Council (3) was adopted which amended Regulation (EU) No 1092/2010. Certain amendments introduced by Regulation (EU) 2019/2176 should be reflected in the Rules of Procedure of the European Systemic Risk Board (ESRB) by the amendment of provisions relating to the membership of the General Board of the ESRB (hereinafter the ‘General Board’) and corresponding adjustments to provisions relating to the Steering Committee, the Advisory Technical Committee of the ESRB (hereinafter the ‘Advisory Technical Committee’), and the Chair and the Vice-Chair of the ESRB. |
| --- | --- |

(1)

On 18 December 2019 Regulation (EU) 2019/2176 of the European Parliament and the Council (3) was adopted which amended Regulation (EU) No 1092/2010. Certain amendments introduced by Regulation (EU) 2019/2176 should be reflected in the Rules of Procedure of the European Systemic Risk Board (ESRB) by the amendment of provisions relating to the membership of the General Board of the ESRB (hereinafter the ‘General Board’) and corresponding adjustments to provisions relating to the Steering Committee, the Advisory Technical Committee of the ESRB (hereinafter the ‘Advisory Technical Committee’), and the Chair and the Vice-Chair of the ESRB.

| (2) | The Vice-Chair of the Advisory Technical Committee has until now been selected from the members of the Advisory Technical Committee. The Vice-Chair should be selected from the members of the Advisory Technical Committee and high-level officials of authorities represented on the General Board to allow for greater flexibility as regards selection of the Vice-Chair. |
| --- | --- |

(2)

The Vice-Chair of the Advisory Technical Committee has until now been selected from the members of the Advisory Technical Committee. The Vice-Chair should be selected from the members of the Advisory Technical Committee and high-level officials of authorities represented on the General Board to allow for greater flexibility as regards selection of the Vice-Chair.

| (3) | Therefore, Decision ESRB/2011/1 of the European Systemic Risk Board (4), which establishes rules of procedure for the ESRB, should be amended accordingly, |
| --- | --- |

(3)

Therefore, Decision ESRB/2011/1 of the European Systemic Risk Board (4), which establishes rules of procedure for the ESRB, should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Amendments

Decision ESRB/2011/1 is amended as follows:

| 1. | Article 3 is replaced by the following:

  ‘Article 3
  Membership

  1.   Where a Member State, in which the national central bank is not a designated authority pursuant to Directive 2013/36/EU of the European Parliament and of the Council (*1) or Regulation (EU) No 575/2013 of the European Parliament and of the Council (*2), has nominated a high-level representative of a designated authority as a member of the General Board with voting rights under Article 6(1)(b) of Regulation (EU) No 1092/2010, that designated authority shall inform the ESRB Secretariat of the name of that high-level representative.


  2.   The European Commission shall inform the ESRB Secretariat of the name of its representative for the purposes of Article 6(1)(c) of Regulation (EU) No 1092/2010.


  3.   The national supervisory authorities, the national authorities entrusted with the conduct of macroprudential policy, or the national central banks, as applicable in accordance with Article 6(2)(a) of Regulation (EU) No 1092/2010, shall inform the ESRB Secretariat of the names of their respective high-level representatives or, where applicable in accordance with Article 6(3) of Regulation (EU) No 1092/2010, the common representative nominated as member of the General Board without voting rights.


  4.   The ESRB Secretariat shall maintain, update and publish a list of the members of the General Board with voting rights and without voting rights. This list shall name the individual members and the authorities, national central banks, or other institutions or committees that those members represent. Any change to this list shall be notified without undue delay to the ESRB Secretariat.’; |
| --- | --- |

1.

Article 3 is replaced by the following:

‘Article 3

Membership

1.   Where a Member State, in which the national central bank is not a designated authority pursuant to Directive 2013/36/EU of the European Parliament and of the Council (*1) or Regulation (EU) No 575/2013 of the European Parliament and of the Council (*2), has nominated a high-level representative of a designated authority as a member of the General Board with voting rights under Article 6(1)(b) of Regulation (EU) No 1092/2010, that designated authority shall inform the ESRB Secretariat of the name of that high-level representative.

2.   The European Commission shall inform the ESRB Secretariat of the name of its representative for the purposes of Article 6(1)(c) of Regulation (EU) No 1092/2010.

3.   The national supervisory authorities, the national authorities entrusted with the conduct of macroprudential policy, or the national central banks, as applicable in accordance with Article 6(2)(a) of Regulation (EU) No 1092/2010, shall inform the ESRB Secretariat of the names of their respective high-level representatives or, where applicable in accordance with Article 6(3) of Regulation (EU) No 1092/2010, the common representative nominated as member of the General Board without voting rights.

4.   The ESRB Secretariat shall maintain, update and publish a list of the members of the General Board with voting rights and without voting rights. This list shall name the individual members and the authorities, national central banks, or other institutions or committees that those members represent. Any change to this list shall be notified without undue delay to the ESRB Secretariat.’;

| 2. | In Article 4, paragraph 2 is replaced by the following:

  ‘2.   In addition to the members with voting rights, the Chair of the Supervisory Board of the ECB, the Chair of the Single Resolution Board and the President of the Economic and Finance Committee, only one of the high-level representatives per Member State of a national supervisory authority, a national authority entrusted with the conduct of macroprudential policy, or of the national central bank, as referred to in Article 6(2)(a) of Regulation (EU) No 1092/2010, shall sit at the main table during discussions on items for which that individual has been designated as the national high-level representative; the other national high-level representatives shall attend as observers. In the absence of a common representative as referred to in Article 6(3) of Regulation (EU) No 1092/2010, the respective national high-level representatives shall liaise among themselves and inform the ESRB Secretariat at least five calendar days before the General Board meeting of the items on the agenda of the General Board meeting in which they will participate. Where no agreement is reached on the implementation of the rule on rotation of the respective high-level representatives referred to in Article 6(3) of Regulation (EU) No 1092/2010, the national member of the General Board with voting rights shall decide, before each meeting, which national high-level representative should sit at the main table during discussions on the respective items and shall inform the representatives accordingly.’; |
| --- | --- |

2.

In Article 4, paragraph 2 is replaced by the following:

‘2.   In addition to the members with voting rights, the Chair of the Supervisory Board of the ECB, the Chair of the Single Resolution Board and the President of the Economic and Finance Committee, only one of the high-level representatives per Member State of a national supervisory authority, a national authority entrusted with the conduct of macroprudential policy, or of the national central bank, as referred to in Article 6(2)(a) of Regulation (EU) No 1092/2010, shall sit at the main table during discussions on items for which that individual has been designated as the national high-level representative; the other national high-level representatives shall attend as observers. In the absence of a common representative as referred to in Article 6(3) of Regulation (EU) No 1092/2010, the respective national high-level representatives shall liaise among themselves and inform the ESRB Secretariat at least five calendar days before the General Board meeting of the items on the agenda of the General Board meeting in which they will participate. Where no agreement is reached on the implementation of the rule on rotation of the respective high-level representatives referred to in Article 6(3) of Regulation (EU) No 1092/2010, the national member of the General Board with voting rights shall decide, before each meeting, which national high-level representative should sit at the main table during discussions on the respective items and shall inform the representatives accordingly.’;

| 3. | Article 5 is amended as follows:






  a) | paragraph 1 is replaced by the following:






  ‘1. | The Chair of the ESRB shall draw up a preliminary agenda for an ordinary General Board meeting and submit it to the Steering Committee for consultation at least eight calendar days before the Steering Committee meeting together with the related documentation. Thereafter, the Chair shall submit the provisional agenda to the members of the General Board together with the related documentation at least ten calendar days before the General Board meeting. When planning the work and preparing the meeting agendas of the General Board the following requirements shall be taken into account:






  (a) | participation by high level-representatives of relevant authorities from third countries pursuant to Article 4(6) should, in accordance with Article 9(5) of Regulation (EU) No 1092/2010, only concern items of relevance to the Union, excluding any case where the situation of individual financial institutions or Member States may be discussed; |
| --- | --- | --- | --- | --- |

3.

Article 5 is amended as follows:

a)

paragraph 1 is replaced by the following:

‘1.

The Chair of the ESRB shall draw up a preliminary agenda for an ordinary General Board meeting and submit it to the Steering Committee for consultation at least eight calendar days before the Steering Committee meeting together with the related documentation. Thereafter, the Chair shall submit the provisional agenda to the members of the General Board together with the related documentation at least ten calendar days before the General Board meeting. When planning the work and preparing the meeting agendas of the General Board the following requirements shall be taken into account:

(a)

participation by high level-representatives of relevant authorities from third countries pursuant to Article 4(6) should, in accordance with Article 9(5) of Regulation (EU) No 1092/2010, only concern items of relevance to the Union, excluding any case where the situation of individual financial institutions or Member States may be discussed;

| (b) | members who are participating pursuant to Article 4(7) may be asked not to participate in meetings of the General Board, or in parts of such meetings that relate to specific agenda items, where the situation of individual Union financial institutions or Member States may be discussed.’; |
| --- | --- |

(b)

members who are participating pursuant to Article 4(7) may be asked not to participate in meetings of the General Board, or in parts of such meetings that relate to specific agenda items, where the situation of individual Union financial institutions or Member States may be discussed.’;

| b) | paragraph 2a is replaced by the following:






  ‘2a. | After receiving the provisional agenda each member may, within three ECB working days, submit a request to the ESRB Secretariat for an agenda item to be discussed without the participation of representatives of authorities from third countries or members who are participating pursuant to Article 4(7), where the member considers that the requirements referred to in points (a) and/or (b) of paragraph 1, as applicable, are not met. The identity of the requesting member shall be kept anonymous.’; |
| --- | --- | --- |

b)

paragraph 2a is replaced by the following:

‘2a.

After receiving the provisional agenda each member may, within three ECB working days, submit a request to the ESRB Secretariat for an agenda item to be discussed without the participation of representatives of authorities from third countries or members who are participating pursuant to Article 4(7), where the member considers that the requirements referred to in points (a) and/or (b) of paragraph 1, as applicable, are not met. The identity of the requesting member shall be kept anonymous.’;

| c) | paragraph 4 is replaced by the following:






  ‘4. | The Chair of the ESRB shall submit the draft minutes to the members of the General Board for comments and approval by written procedure at the latest two weeks following the meeting or, if this is not possible, prior to the subsequent meeting. Once approved, they shall be signed by the Head of the ESRB Secretariat. Representatives of relevant authorities from third countries and members who are participating pursuant to Article 4(7) may only receive and/or comment on draft minutes covering the agenda items in which they participated.’; |
| --- | --- | --- |

c)

paragraph 4 is replaced by the following:

‘4.

The Chair of the ESRB shall submit the draft minutes to the members of the General Board for comments and approval by written procedure at the latest two weeks following the meeting or, if this is not possible, prior to the subsequent meeting. Once approved, they shall be signed by the Head of the ESRB Secretariat. Representatives of relevant authorities from third countries and members who are participating pursuant to Article 4(7) may only receive and/or comment on draft minutes covering the agenda items in which they participated.’;

| d) | paragraph 5 is replaced by the following:






  ‘5. | The proceedings of the General Board shall be confidential. The General Board may decide to make an account of its deliberations public, subject to applicable confidentiality requirements and in a manner that does not allow for the identification of individual members of the General Board or of individual authorities, national central banks, institutions or committees. The General Board may also decide to hold press conferences after its meetings.’; |
| --- | --- | --- |

d)

paragraph 5 is replaced by the following:

‘5.

The proceedings of the General Board shall be confidential. The General Board may decide to make an account of its deliberations public, subject to applicable confidentiality requirements and in a manner that does not allow for the identification of individual members of the General Board or of individual authorities, national central banks, institutions or committees. The General Board may also decide to hold press conferences after its meetings.’;

| 4. | In Article 6, paragraph 2 is replaced by the following:

  ‘2.   In accordance with Article 10(4) of Regulation (EU) No 1092/2010, a quorum of two thirds of members with voting rights shall be required for any vote to be taken by the General Board. If the quorum is not met, the Chair of the ESRB may convene an extraordinary meeting at which decisions may be taken by a quorum of one third, in which case the provisions of the second sentence of Article 2(2) shall apply.’; |
| --- | --- |

4.

In Article 6, paragraph 2 is replaced by the following:

‘2.   In accordance with Article 10(4) of Regulation (EU) No 1092/2010, a quorum of two thirds of members with voting rights shall be required for any vote to be taken by the General Board. If the quorum is not met, the Chair of the ESRB may convene an extraordinary meeting at which decisions may be taken by a quorum of one third, in which case the provisions of the second sentence of Article 2(2) shall apply.’;

| 5. | Article 7 is amended as follows:






  a) | point (a) is replaced by the following:






  ‘(a) | the electoral body shall be composed of the national members of the General Board with voting rights ad personam;’; |
| --- | --- | --- | --- |

5.

Article 7 is amended as follows:

a)

point (a) is replaced by the following:

‘(a)

the electoral body shall be composed of the national members of the General Board with voting rights ad personam;’;

ad personam

| b) | point (b) is replaced by the following:






  ‘(b) | the Chair of the ESRB shall invite the national members of the General Board with voting rights to an election meeting with at least 15 calendar days’ advance notice. The Chair shall also ask for expressions of interest from eligible candidates. The Head of the ESRB Secretariat shall act as Secretary of the electoral body.’; |
| --- | --- | --- |

b)

point (b) is replaced by the following:

‘(b)

the Chair of the ESRB shall invite the national members of the General Board with voting rights to an election meeting with at least 15 calendar days’ advance notice. The Chair shall also ask for expressions of interest from eligible candidates. The Head of the ESRB Secretariat shall act as Secretary of the electoral body.’;

| 6. | Article 8 is replaced by the following:

  ‘Article 8
  Membership

  1.   National members of the General Board with voting rights shall be eligible candidates for the election of the four national members of the Steering Committee referred to in Article 11(1)(c) of Regulation (EU) No 1092/2010.


  2.   Considering the number of Member States which are participating Member States as defined in Article 2(1) of Regulation (EU) No 1024/2013 and those that are not at the time of the election, the electoral body composed of the national members of the General Board with voting rights shall determine accordingly the number of members of the Steering Committee from participating Member States and from non-participating Member States referred to in Article 11(1)(c) of Regulation (EU) No 1092/2010. For this purpose, the electoral body shall round up or down to the nearest whole number.


  3.   Taking into account the above determination by the electoral body, the Chair of the ESRB shall ask for expressions of interest from eligible candidates no later than 15 calendar days before the election. The Chair of the ESRB shall put forward to the electoral body the list of candidates on the basis of the expressions of interest received before the opening of the meeting convened for the election.


  4.   The Chair shall organise one or more secret ballots, the result of which shall be that the eligible candidates receiving the highest number of votes shall be elected in line with the proportion required under paragraph 2. In the event of a tie, successive ballots shall take place. When voting, the members of the electoral body should aim at ensuring a balanced representation of Member States.


  5.   A simple majority of the votes of the members of the electoral body present at the meeting shall be needed to elect each of the four national members referred to in Article 11(1)(c) of Regulation (EU) No 1092/2010.’; |
| --- | --- |

6.

Article 8 is replaced by the following:

‘Article 8

Membership

1.   National members of the General Board with voting rights shall be eligible candidates for the election of the four national members of the Steering Committee referred to in Article 11(1)(c) of Regulation (EU) No 1092/2010.

2.   Considering the number of Member States which are participating Member States as defined in Article 2(1) of Regulation (EU) No 1024/2013 and those that are not at the time of the election, the electoral body composed of the national members of the General Board with voting rights shall determine accordingly the number of members of the Steering Committee from participating Member States and from non-participating Member States referred to in Article 11(1)(c) of Regulation (EU) No 1092/2010. For this purpose, the electoral body shall round up or down to the nearest whole number.

3.   Taking into account the above determination by the electoral body, the Chair of the ESRB shall ask for expressions of interest from eligible candidates no later than 15 calendar days before the election. The Chair of the ESRB shall put forward to the electoral body the list of candidates on the basis of the expressions of interest received before the opening of the meeting convened for the election.

4.   The Chair shall organise one or more secret ballots, the result of which shall be that the eligible candidates receiving the highest number of votes shall be elected in line with the proportion required under paragraph 2. In the event of a tie, successive ballots shall take place. When voting, the members of the electoral body should aim at ensuring a balanced representation of Member States.

5.   A simple majority of the votes of the members of the electoral body present at the meeting shall be needed to elect each of the four national members referred to in Article 11(1)(c) of Regulation (EU) No 1092/2010.’;

| 7. | Article 9 is amended as follows:






  (a) | paragraph 2 is replaced by the following:






  ‘2. | The Steering Committee shall decide on the dates of its meetings on a joint proposal from its Chair and the first Vice-Chair of the ESRB. Ordinary meetings shall, as a rule, take place within the four weeks preceding the General Board meeting.’; |
| --- | --- | --- | --- |

7.

Article 9 is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2.

The Steering Committee shall decide on the dates of its meetings on a joint proposal from its Chair and the first Vice-Chair of the ESRB. Ordinary meetings shall, as a rule, take place within the four weeks preceding the General Board meeting.’;

| (b) | paragraph 4 is replaced by the following:






  ‘4. | The Chair of the Steering Committee and the first Vice-Chair of the ESRB may also invite, each on their own initiative, or on a proposal from other members of the Steering Committee, other persons to attend meetings of the Steering Committee where appropriate, and subject to compliance with confidentiality requirements.’; |
| --- | --- | --- |

(b)

paragraph 4 is replaced by the following:

‘4.

The Chair of the Steering Committee and the first Vice-Chair of the ESRB may also invite, each on their own initiative, or on a proposal from other members of the Steering Committee, other persons to attend meetings of the Steering Committee where appropriate, and subject to compliance with confidentiality requirements.’;

| (c) | paragraph 5 is replaced by the following:






  ‘5. | Where a member of the Steering Committee is unable to attend a meeting, an alternate may be appointed in writing. The Chair of the Advisory Scientific Committee shall be replaced as a rule by one of the two Vice-Chairs of the Advisory Scientific Committee. The Vice-Chair of the Advisory Technical Committee shall be the alternate of the Chair of the Advisory Technical Committee. The Head of the ESRB Secretariat shall be notified in writing of these changes in due time before the meeting of the Steering Committee.’; |
| --- | --- | --- |

(c)

paragraph 5 is replaced by the following:

‘5.

Where a member of the Steering Committee is unable to attend a meeting, an alternate may be appointed in writing. The Chair of the Advisory Scientific Committee shall be replaced as a rule by one of the two Vice-Chairs of the Advisory Scientific Committee. The Vice-Chair of the Advisory Technical Committee shall be the alternate of the Chair of the Advisory Technical Committee. The Head of the ESRB Secretariat shall be notified in writing of these changes in due time before the meeting of the Steering Committee.’;

| 8. | Article 10 is amended as follows:






  (a) | paragraph 1 is replaced by the following:






  ‘1. | The agenda for each meeting of the Steering Committee shall be proposed jointly by the Chair and the first Vice-Chair of the ESRB and adopted at the beginning of the meeting by the Steering Committee. A provisional agenda shall be drawn up jointly by the Chair and the first Vice-Chair of the ESRB and shall, in principle, be sent, together with the related documents, to the members of the Steering Committee at least ten calendar days before the meeting. All members of the Steering Committee may propose items and documents to the Chair and the first Vice-Chair of the ESRB for consideration by the Steering Committee.’; |
| --- | --- | --- | --- |

8.

Article 10 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.

The agenda for each meeting of the Steering Committee shall be proposed jointly by the Chair and the first Vice-Chair of the ESRB and adopted at the beginning of the meeting by the Steering Committee. A provisional agenda shall be drawn up jointly by the Chair and the first Vice-Chair of the ESRB and shall, in principle, be sent, together with the related documents, to the members of the Steering Committee at least ten calendar days before the meeting. All members of the Steering Committee may propose items and documents to the Chair and the first Vice-Chair of the ESRB for consideration by the Steering Committee.’;

| (b) | paragraph 2 is replaced by the following:






  ‘2. | The Steering Committee shall examine in advance items on the preliminary agenda for a General Board meeting together with the relevant documentation. The Steering Committee shall ensure the preparation of the dossiers for the General Board and, where appropriate, shall propose options or solutions. When planning the work and preparing the meeting agendas of the General Board, the requirements referred to in Article 5(1)(a) and (b), as applicable, shall be taken into account. The Steering Committee shall report on an ongoing basis to the General Board on the development of the ESRB’s activities.’; |
| --- | --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.

The Steering Committee shall examine in advance items on the preliminary agenda for a General Board meeting together with the relevant documentation. The Steering Committee shall ensure the preparation of the dossiers for the General Board and, where appropriate, shall propose options or solutions. When planning the work and preparing the meeting agendas of the General Board, the requirements referred to in Article 5(1)(a) and (b), as applicable, shall be taken into account. The Steering Committee shall report on an ongoing basis to the General Board on the development of the ESRB’s activities.’;

| 9. | Article 13 is amended as follows:






  (a) | paragraph 2a is replaced by the following:






  ‘2a. | One representative of the national central banks of Iceland and Norway, and in the case of Liechtenstein, one representative of the Ministry of Finance, as well as one representative of the competent national supervisory authority of each of these EFTA Member States shall participate on the Advisory Technical Committee.
  The Chair of the Advisory Technical Committee may also invite, on their own initiative or on a proposal from one or more other members of the Advisory Technical Committee, a high-level representative of a designated authority nominated in accordance with Article 6(1)(b) of Regulation (EU) No 1092/2010 and/or a high-level representative of a national authority entrusted with the conduct of macroprudential policy as referred to in Article 6(2)(a) of that Regulation to participate in meetings of the Advisory Technical Committee where appropriate, and subject to compliance with confidentiality requirements.
  The Chair of the Advisory Technical Committee may also invite, on their own initiative or on a proposal from one or more other members of the Advisory Technical Committee, a high-level representative of relevant authorities from third countries in accordance with Article 9(5) of Regulation (EU) No 1092/2010, to participate in meetings of the Advisory Technical Committee where appropriate, and subject to compliance with confidentiality requirements.’; |
| --- | --- | --- | --- |

9.

Article 13 is amended as follows:

(a)

paragraph 2a is replaced by the following:

‘2a.

One representative of the national central banks of Iceland and Norway, and in the case of Liechtenstein, one representative of the Ministry of Finance, as well as one representative of the competent national supervisory authority of each of these EFTA Member States shall participate on the Advisory Technical Committee.

The Chair of the Advisory Technical Committee may also invite, on their own initiative or on a proposal from one or more other members of the Advisory Technical Committee, a high-level representative of a designated authority nominated in accordance with Article 6(1)(b) of Regulation (EU) No 1092/2010 and/or a high-level representative of a national authority entrusted with the conduct of macroprudential policy as referred to in Article 6(2)(a) of that Regulation to participate in meetings of the Advisory Technical Committee where appropriate, and subject to compliance with confidentiality requirements.

The Chair of the Advisory Technical Committee may also invite, on their own initiative or on a proposal from one or more other members of the Advisory Technical Committee, a high-level representative of relevant authorities from third countries in accordance with Article 9(5) of Regulation (EU) No 1092/2010, to participate in meetings of the Advisory Technical Committee where appropriate, and subject to compliance with confidentiality requirements.’;

| (b) | paragraph 5 is replaced by the following:






  ‘5. | The members of the Advisory Technical Committee shall elect the Vice-Chair of the Advisory Technical Committee. The election shall be held by secret ballot and by simple majority of the votes cast. Members of the Advisory Technical Committee and high-level officials of ESRB member institutions shall be eligible candidates. The representative of the Advisory Scientific Committee may not be elected Vice-Chair of the Advisory Technical Committee. The term of office of the Vice-Chair of the Advisory Technical Committee shall be three years and shall be renewable.’; |
| --- | --- | --- |

(b)

paragraph 5 is replaced by the following:

‘5.

The members of the Advisory Technical Committee shall elect the Vice-Chair of the Advisory Technical Committee. The election shall be held by secret ballot and by simple majority of the votes cast. Members of the Advisory Technical Committee and high-level officials of ESRB member institutions shall be eligible candidates. The representative of the Advisory Scientific Committee may not be elected Vice-Chair of the Advisory Technical Committee. The term of office of the Vice-Chair of the Advisory Technical Committee shall be three years and shall be renewable.’;

| (c) | paragraph 7 is replaced by the following:






  ‘7. | The Chair of the Advisory Technical Committee shall propose an agenda at least ten calendar days before the meeting, prepared in accordance with Article 13(3) of Regulation (EU) No 1092/2010, which shall be submitted to the Advisory Technical Committee for approval. Documents for agenda items shall be made available by the ESRB Secretariat to all members of the Advisory Technical Committee. When planning the work and preparing the meeting agendas of the Advisory Technical Committee the following requirements shall be taken into account:






  (a) | participation by high level-representatives of relevant authorities from third countries pursuant to Article 13(2a) should only concern items of relevance to the Union, excluding any case where the situation of individual financial institutions or Member States may be discussed; |
| --- | --- | --- | --- |

(c)

paragraph 7 is replaced by the following:

‘7.

The Chair of the Advisory Technical Committee shall propose an agenda at least ten calendar days before the meeting, prepared in accordance with Article 13(3) of Regulation (EU) No 1092/2010, which shall be submitted to the Advisory Technical Committee for approval. Documents for agenda items shall be made available by the ESRB Secretariat to all members of the Advisory Technical Committee. When planning the work and preparing the meeting agendas of the Advisory Technical Committee the following requirements shall be taken into account:

(a)

participation by high level-representatives of relevant authorities from third countries pursuant to Article 13(2a) should only concern items of relevance to the Union, excluding any case where the situation of individual financial institutions or Member States may be discussed;

| (b) | representatives of relevant authorities from EFTA Member States may be asked not to participate in meetings of the Advisory Technical Committee or in parts of such meetings that relate to specific agenda items, where the situation of individual Union financial institutions or Member States may be discussed. |
| --- | --- |

(b)

representatives of relevant authorities from EFTA Member States may be asked not to participate in meetings of the Advisory Technical Committee or in parts of such meetings that relate to specific agenda items, where the situation of individual Union financial institutions or Member States may be discussed.

After receiving the provisional agenda each representative may, within three ECB working days, submit a request to the ESRB Secretariat for an agenda item to be discussed without the participation of those representatives who are participating pursuant to Article 13(2a) where the requirements referred to in points (a) and/or (b) of paragraph 7, as applicable, are not met. The identity of the requesting representative shall be kept anonymous.’;

| (d) | paragraph 8 is replaced by the following:






  ‘8. | The Advisory Technical Committee shall be assisted by the ESRB Secretariat. The Head of the ESRB Secretariat shall draw up the summary proceedings of the meetings of the Advisory Technical Committee, which shall be submitted for comments and adoption at the latest two weeks following the meeting or, if this is not possible, prior to the subsequent meeting.’; |
| --- | --- | --- |

(d)

paragraph 8 is replaced by the following:

‘8.

The Advisory Technical Committee shall be assisted by the ESRB Secretariat. The Head of the ESRB Secretariat shall draw up the summary proceedings of the meetings of the Advisory Technical Committee, which shall be submitted for comments and adoption at the latest two weeks following the meeting or, if this is not possible, prior to the subsequent meeting.’;

| 10. | In Article 14, paragraph 1 is replaced by the following:

  ‘1.   The General Board shall be consulted on the candidate(s) selected by the ECB for the position of the Head of the ESRB Secretariat in accordance with Article 3(2) of Regulation (EU) No 1096/2010. The General Board, following an open and transparent procedure, shall assess whether the shortlisted candidates for the position of head of the Secretariat possess the qualities, impartiality and experience necessary to manage the Secretariat. The General Board shall inform the European Parliament and the Council in sufficient detail about the assessment and consultation procedure.’; |
| --- | --- |

10.

In Article 14, paragraph 1 is replaced by the following:

‘1.   The General Board shall be consulted on the candidate(s) selected by the ECB for the position of the Head of the ESRB Secretariat in accordance with Article 3(2) of Regulation (EU) No 1096/2010. The General Board, following an open and transparent procedure, shall assess whether the shortlisted candidates for the position of head of the Secretariat possess the qualities, impartiality and experience necessary to manage the Secretariat. The General Board shall inform the European Parliament and the Council in sufficient detail about the assessment and consultation procedure.’;

| 11. | In Article 19, paragraph 2 is replaced by the following:

  ‘2.   ESRB warnings and recommendations shall be adopted by the General Board and signed by the Chair of the ESRB or the Head of the ESRB Secretariat to certify their conformity with the General Board’s decision.’; |
| --- | --- |

11.

In Article 19, paragraph 2 is replaced by the following:

‘2.   ESRB warnings and recommendations shall be adopted by the General Board and signed by the Chair of the ESRB or the Head of the ESRB Secretariat to certify their conformity with the General Board’s decision.’;

| 12. | In Article 25, paragraph 2 is replaced by the following:

  ‘2.   The General Board, the Steering Committee, the Advisory Technical Committee and the Advisory Scientific Committee may carry out public or non-public hearings. Stakeholders such as market participants, consumer bodies and academic experts to be interviewed at a hearing shall be selected in a non-discriminatory manner with a view to properly addressing specific situations.’; |
| --- | --- |

12.

In Article 25, paragraph 2 is replaced by the following:

‘2.   The General Board, the Steering Committee, the Advisory Technical Committee and the Advisory Scientific Committee may carry out public or non-public hearings. Stakeholders such as market participants, consumer bodies and academic experts to be interviewed at a hearing shall be selected in a non-discriminatory manner with a view to properly addressing specific situations.’;

| 13. | In Article 27, paragraph 1 is replaced by the following:

  ‘1.   The ESRB’s legal instruments shall be adopted by the General Board and signed by the Chair of the ESRB or the Head of the ESRB Secretariat to certify their conformity with the General Board’s decision.’; |
| --- | --- |

13.

In Article 27, paragraph 1 is replaced by the following:

‘1.   The ESRB’s legal instruments shall be adopted by the General Board and signed by the Chair of the ESRB or the Head of the ESRB Secretariat to certify their conformity with the General Board’s decision.’;

| 14. | In Article 28, paragraph 2 is replaced by the following:

  ‘2.   The agreements referred to in Articles 8(4) and 16(3) of Regulation (EU) No 1092/2010 and any other agreement with other institutions or authorities relating to the exchange of information, including confidential information, shall be approved by the General Board and signed by the Chair of the ESRB on its behalf.’; |
| --- | --- |

14.

In Article 28, paragraph 2 is replaced by the following:

‘2.   The agreements referred to in Articles 8(4) and 16(3) of Regulation (EU) No 1092/2010 and any other agreement with other institutions or authorities relating to the exchange of information, including confidential information, shall be approved by the General Board and signed by the Chair of the ESRB on its behalf.’;

Article 2

Entry into force

This Decision shall enter into force on 24 March 2020.

Done at Frankfurt am Main, 20 March 2020.

Francesco MAZZAFERRO

Head of the ESRB Secretariat

on behalf of the General Board of the ESRB

---

(1)  OJ L 331, 15.12.2010, p. 1.

1

(2)  OJ L 331, 15.12.2010, p. 162.

2

(3)  Regulation (EU) 2019/2176 of the European Parliament and of the Council of 18 December 2019 amending Regulation (EU) No 1092/2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (OJ L 334, 27.12.2019, p. 146).

3

(4)  Decision ESRB/2011/1 of the European Systemic Risk Board of 20 January 2011 adopting the Rules of Procedure of the European Systemic Risk Board (OJ C 58, 24.2.2011, p. 4).

4

(*1)  Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

*1

(*2)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

*2

---